The case confirms that on an appeal under s 5F(3)(a) of the Criminal Appeal Act 1912 (NSW) from a refusal to allow withdrawal of a guilty plea, the appellate court is constrained in interfering with credibility findings made by the trial judge. The inquiry is directed to the integrity of the plea itself, not the applicant's guilt or innocence, and the applicant bears the onus of establishing a miscarriage of justice on the balance of probabilities.
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